We are in a night session now, about to tackle more of section 12 on Investments. We just had an update on language harmonization, which, time permitting, I will try to summarise.

For those of you who are interested in the text, I have posted some agreed to sections below. I have copied and pasted from my notes, and they may not be perfect (bear that in mind). Also, they tend to highlight where text has been deleted and [added] during the negotiations, but these do not reflect the totality of the negotiations.

11.2 States should facilitate the operations of efficient and transparent markets to promote participation under equal conditions and opportunities for mutually beneficial transfers of tenure rights which lessen conflict and instability, promote the sustainable use of land, fisheries and forests and conservation of the environment, promote the fair and equitable use of genetic resources in accordance with applicable treaties associated with land, fisheries and forests, expand economic opportunities and increase participation by the poor. States should take measures to prevent undesirable impacts on local communities, indigenous peoples and vulnerable groups, that may arise from, inter alia, land speculation, concentration and abuse of customary forms of tenure. States and other parties should recognize that values, such as social, cultural and environmental values, are not always well served by unregulated markets. States should protect the wider interests of society through appropriate land tenure policies and laws.

12.10 Investors [contracting parties] should provide comprehensive information to [should seek to] (PROPOSED BY US) ensure that all relevant persons are engaged and informed in the negotiations, and [should seek that ] (proposed by EU because all relevant people should be informed but) the agreements are documented and understood by all [that are affected]. The negotiation process should be non-discriminatory and gender sensitive.

12.10 bis Investors should have [have the responsibility] (as defined in 3.2) the corporate responsibility to respect national legislation and recognize and respect tenure rights of others and the rule of law [in line with the general principle for non-state actors as contained in this document.] and the Investments should not contribute to food insecurity and environmental degradation. Such actions must be [should be] (language harmonization) overseen by the state.

12.11 Professionals who provide services to States and investors professionals [and to tenure holders of land fisheries and forests] should undertake due diligence to the best of their ability when providing their services, irrespective of whether it is specifically requested.

Note that 12.11 bis went to Friends of the Chair.

23.2 [Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other developing states.](proposed by a Friend of the Chair Group and adopted without changes)